stay stands vacated your contempt petition would be dismissed
2) you need court orders to direct your employer to permit you to rejoin services
Contempt pention
I got interim stay order on 30-5-2018 in the stay order it is written that Meanwhile respondents is directed to continue the service of the petitioner till the next date.After that this case is listed on 12-7-2018 and on that date respondent lawyer did not present and court order that put the case on 13-7-2018 as prayed. And on 13-7-2018 case does not come for hearing.After that I fill the contempt petition on 1-9-2018 and court issues contempt notices to the respondents. Now the respondents in reply to contempt petition saying that stay is vacated. After that i have file application regarding the extension of stay order and this application is allowed and stay order is extended by court. So i want to ask whether now my contempt petion succeeds.and I can join the service back.
Asked 4 years ago in Labour
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15 Answers
On the date of filing contempt, stay was effective. On the date of filing reply, stay may have vacated on expiry of six months but respondent committed continuous contempt for 6 months, willful conmept committed. Pursue contempt petition.
Your contempt case continues till stay is vacated, once stay is vacated your case will be disposed off.
In order to join back into service, you need direction from court, directing them to reinstate you into service.
If there ws no stay existing as on the date he filed the reply stating that there was no stay then it may not attract contempt of court if you hav extended the stay after that.
Therefore it depends on how you interpret your pleadings for contempt of court before
court to convince court about it.
You cannot rejoin service on the basis of contempt petition. Court order or direction required.
1. Was the stay order extended on 12.7.2018? Unless the stay order was extended on this particular date no contempt is made out as stay order lapsed by virtue of being valid only till 12.7.2018.
2. Extension of stay order subsequent to the filing of contempt petition does not make the respondents guilty of contempt.
But after listening to the contempt petition and hearing arguments of the both sides court orders that " List this contempt petition after the dispose of application for extension of stay order. ". And after that in writ petition my application for stay extension is allowed on [deleted] and court orders that Stay granted on 30-5-2018 is extended for period of 6 months. In the above circumstances can now my contempt petition succeeds.
Asked 4 years ago
if inspite of extension of stay you are not permitted to continue to work in the organisation
your contempt petition would succeed
1. The court has simply ordered the listing of contempt petition and has not opined on the merits of the contempt petition.
2. That stay was extended after the filing of contempt petition cannot be a ground for success in the contempt petition.
The success of the contempt petition depends upon how strongly you present your argument and the circumstances that warrants conditions for contempt of court.
In my opinion since the extension of stay was granted subsequently even though with a retrospective effect, it may not be sufficient to invoke law for initiating contempt of court proceedings.
The stay is operative till the next date of hearing. Therefore the stay was vacated. Bow when you have again obtained the stay the contempt is evident and you should get relief.
When the stay application is allowed then the contempt petition should be heard and decided.
Yes the contempt petition should succeed.
Contempt is still pending which will decide on merit.
Yes it will succeed and you can join back
1. Yes your contempt petition will succeed because the stay was not vacated by court.
2. Yes you can join the service back if court have ordered your employer to continue your service.
Since court extended stay for further period of 6 months, there are chances to succeed.
Court will not consider the same and pass appropriate orders.